Case Law Details
Alok Textile Industries Ltd Vs DCIT (Bombay High Court)
We note that the prohibition in Second Proviso to Section 158BC(a) of the Act of filing a revised return of income before the Assessing Officer would not prohibit a Assessee from raising the additional claim before Appellate Authorities as held by this Court in Pruthvi Brokers and Shareholders P. Ltd. (Supra). This on consideration of the decision of the Supreme Court in National Thermal Power Co. Ltd. v. CIT 229 ITR 384 and Goetze (India) Ltd. v. CIT 284 ITR 323. In fact, in Goetze (India) Ltd., the Apex Court after holding that Assessing Officer has no power to entertain claim for deduction otherwise than by filing revised return of income by Assessee, clarified that the same would not fetter the appellate authority from entertaining a claim not made before the Assessing Officer.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
This Appeal is under Section 260A of the Income Tax Act, 1961 (the Act) from the order dated 13.8.2002 of the Income Tax Appellate Tribunal (the Tribunal).
2. This was admitted on 22.9.2004 on the following substantial question of law:
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